Shannon Delehanty v. HHS - Influenza, radial motor neuropathy (2019)

Filed 2018-08-14Decided 2019-12-05Vaccine Influenza
compensated$76,610

Case summary [AI summaries can sometimes make mistakes]

Shannon Delehanty filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2018. She alleged that she received an influenza vaccine on October 13, 2017, and subsequently suffered radial motor neuropathy.

The case was assigned to the Special Processing Unit. On October 2, 2019, the respondent filed a report conceding that the petitioner sustained a radial nerve injury caused by the flu vaccination she received on October 13, 2017.

The respondent also agreed that no other causes for the petitioner's condition were identified and that the statutory six-month sequela requirement had been satisfied, meaning the petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on October 2, 2019, finding the petitioner entitled to compensation. Subsequently, on December 5, 2019, Chief Special Master Corcoran issued a decision awarding damages.

The parties stipulated to an award of $76,610.69. This amount comprised $75,000.00 for pain and suffering and $1,610.69 for unreimbursable expenses.

The award was to be paid as a lump sum check payable to Shannon Delehanty. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by the petitioner.

Theory of causation

Petitioner Shannon Delehanty alleged that an influenza vaccine received on October 13, 2017, caused radial motor neuropathy. The respondent conceded that petitioner sustained a radial nerve injury caused-in-fact by the flu vaccination, with no other causes identified. The respondent also agreed that the statutory six-month sequela requirement was met. This off-Table theory led to an entitlement ruling on October 2, 2019, by Chief Special Master Brian H. Corcoran. A subsequent decision on December 5, 2019, awarded petitioner $76,610.69, consisting of $75,000.00 for pain and suffering and $1,610.69 for unreimbursable expenses, based on a stipulation between petitioner (Andrew Donald Downing, Van Cott & Talamante, PLLC) and respondent (Daniel Anthony Principato, U.S. Department of Justice).

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